'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less
Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail g ....Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail grocery sector. In the first Australian research of its kind, it endeavours to explain how the chains' strategies and industry relationships influence regulatory action. The research is expected to produce recommendations on instruments and techniques to ensure that regulation of the sector is legally and practically efficient and effective.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better d ....The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better decisions in this important and controversial area. This will have benefits for the happiness, health and prosperity of children and their parents. Better decision-making will also reduce the costs to government of family breakdown. Read moreRead less
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing an ....Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing and refining new co-operative IP management models in an Australian context, this project offers direct economic benefits (more efficient industry structures), improved social and economic benefits (better and cheaper biotechnology products and services), and an opportunity for Australia to take the lead in developing innovative approaches to IP management.Read moreRead less
Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less
Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, mar ....Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, maritime cybersecurity, and in promoting broader national security goals, but non-state actors may also use them for terrorist and transnational criminal activity. International law has not kept up with this technology so this project will redress that problem and propose law reform to enhance global maritime security.Read moreRead less
Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Austra ....Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Australia's capacity to engage with, and interpret itself to, its neighbours and the broader international community, as well as by tackling the threat of terrorism.Read moreRead less